SUVENDU ADHIKARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in WPA 151 of 2023 is a Member of Legislative Assembly of West Bengal and leader of a political party. The petitioner in WPA (P) 154 of 2023, states that he is a social worker and a political activist associated with a particular political party. The petitioner in WPA 156 of 2023 also states that he is a Member of an organization and convener of Ram Navami Sobhayatra rally for the year 2023. The petitioner in WPA 162 of 2023 is appearing in person is an Advocate practicing before this Court and a Member of a political party. Though, there may be a slight variation in the prayer sought for essentially the grievances expressed by all the 4 petitioners are identical. Since WPA 151 of 2023 was the first writ petition which was filed, the same is taken as a lead case. In the said writ petition, the petitioner prays for issuance of a writ of mandamus to direct the Central Bureau of Investigation (CBI) to register an FIR into the acts of violence, arson and communal conflagration at Howrah and Dalkhola on 30/3/2023 on the occasion of Ram Navami and conduct investigation into the same. The petitioner also seeks for issuance of a writ of mandamus to direct the National Investigation Agency (NIA) to conduct investigation into the use of explosive substances, in the violence, arson and communal conflagration in the said areas on 30/3/2023 on the occasion of Ram Navami. The writ petition was heard on 3/4/2023 and this Court passed the following order.

(2.) By the above order, a comprehensive report by the respondent / State covering all aspects was directed to be submitted with the further direction to the respondent/ State to ensure with the public of the areas are not in any manner affected by any fresh incidents of violence or arson and law and order should be kept under control. Further, safety of the school going children, the residents of the locality and the businessmen was also directed to be safeguarded. Direction was issued to deploy adequate police force so that peace and tranquility prevails in the said areas. Though the matter was directed to listed on 6/4/2023, since the learned Advocate appearing for the writ petitioner mentioned the matter for listing the same earlier than 06.04,2023 on the ground that a supplementary affidavit has been filed by the writ petitioner dtd. 3/4/2023 reporting about the violence which has spread to several parts of the State such as Rishra area of Hooghly District wherein on 2/4/2023 violence has erupted and there was severe pelting of stones and hurling of bombs which resulted in several public who had been severely injured and also there has been death being reported. Further, the situation had deteriorated to the extent that internet service has been suspended in the entire District. Photographs of people injured in the violence at Rishra were annexed to the supplementary affidavit as also the notifications issued by the Government suspending the internet services were appended. The petitioner thus stated that the materials annexed to the supplementary affidavit has come to his knowledge after filing writ petition of the same are necessary for the adjudication of the writ petition and the same ought to be brought on record. The supplementary affidavit was taken on record and copies were served to the learned Advocate General and the learned Advocates appearing for the respondents. On 5th of April, 2023, the matter was heard and the following order was passed.

(3.) The issue which has been brought to our notice by the learned counsel appearing for the petitioners as well as the learned advocates, who are granted leave to make submission before this Court and after hearing submission of the learned Advocate General, learned Additional Solicitor General, learned counsel appearing on behalf of the National Investigation Agency, we are of the view that certain directions are required to be issued so as to ensure that Hanuman Jayanti to be celebrated on 6/4/2023 is celebrated in a peaceful manner without any untoward incident.